Wesling v. Solovey

Judgment and order reversed on the law, with costs, and plaintiff’s motion denied, *835with $10 costs, with leave to defendant to move within ten days on proper papers, if so advised, for leave to serve an amended answer setting up any affirmative, defenses he may have in the nature of accord and satisfaction. Memorandum; This is an appeal from an order and judgment on plaintiff’s motion under rule 104 of the Rules of Civil Practice striking out defendant’s answer as a sham and awarding plaintiff the relief demanded in the complaint in the amount of $653, with interest; The action, commenced on…